PC Resolution-12-05-08-03Whereas, the San Juan Capistrano Municipal Code does not clearly address
assembly or organizational uses that may result in health and safety impacts or conflict
with zoning districts; and,
Whereas, the only reference to assembly or organization uses in the San
Juan Municipal Code pertain to "religious, fraternal, or nonprofit organizations" which
includes "churches, temples, synagogues, monasteries, religious retreats, and other places
of religious worship and other fraternal and community services organizations"; and,
Whereas, the San Juan Municipal Code Appendix A does not set forth clear
definitions and lacks other definitions for assembly uses; and,
111hereas, religious land use restrictions are limited in part by the Federi
Religious Land Use and Institutionalized Persons Act (RLUIPA) that states in part
oil
MR14 101-11 V I a 14 K is HN I [it•Rl Mo t- 1101SX91MINP1414114pt w 0
11MIAMMMI I MI. 0,01Z] 16
Whereas, the Environmental Administrator of the City of San Juan
Capistrano has evaluated the Code Amendment and has determined that the project is
categorically exempt from the requirements of the California Environmental Quality Act
(CEQA) Guidelines under Section 15061(b)(3) because the proposed amendments are for
clarifying purposes and will not result in an intensification of environmental impacts; and,
Whereas, the Planning Commission of the City of San Juan Capistrano
conducted a work session on November 22, 2011 recommending the City Council initiate a
code amendment and conducted a duly noticed public hearing on April 10, 2012 to
consider the proposed amendments and to take public testimony on the same.
Whereas, the Planning Commission of the City of San Juan Capistrano
conducted a duly noticed public hearing on April 10, 2012 with staff recommending that the
Planning Commission approve a resolution recommending the City Council adopted the
attached ordinance and the Planning Commission continued the public hearing for 30
days.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
makes the following findings:
PC Resolution 12-05-08-03 2 MaV 8, 2012
The proposed Land Use Code amendment conforms with the goals and policies of
the General Plan. The definitions and zone classifications for assembly uses are
consistent with the Land Use, Circulation and Safety Elements of the General Plan;
and,
2. The proposed Land Use Code amendment is necessary to implement the General
Plan and provide for public safety, convenience, and/or general welfare. The
definitions and zone classifications would not create substantial impacts related to
parking, circulation, emergency vehicle access, and noise-, and,
3. The proposed Land Use Code amendment conforms with the intent of the
Development Code and is consistent with other applicable related provisions
thereof. The definitions and zone classifications are consistent with uses and
standards set forth in other zone districts and sections of the Title 9 Land Use Code;
and,
4. The proposed Land Use Code amendment is reasonable and beneficial at this time.
The proposed definitions and zone classifications provide clarify and are consistent
with State Law.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends that the City Council
adopt an ordinance approving this Code Amendment as provided by Exhibit "A" attached
hereto and incorporated herein subject to a revised definition of "church" as follows:
"Church: A use provided by a legally constituted religious organization for
public and family worship of a deity or deities, together with buildings and
uses that are accessory thereto, and limited to the teaching of religious
dogma, accessory social functions, and one single-family dwelling for use as
a minister or caretaker residence. This definition includes synagogues,
temples, mosques, and other buildings used for the purposes stated herein."
2nd subject to revisions to the Title 9, Land 4se Code Tables for "Church, Religious, or
Fraternal" uses
• .• as follows:
Use
Zone Districts
Notes and Exceptions
Church, Religious, or
Residential, Commercial,
Includes synagogues, temples,
Fraternal
Industrial, Pubic &
mosques, and other buildings used for
Institutional, Farm Market,
the purposes herein but excludes day
Solid Waste and Planned
care centers, and private and/or
Community
secondary educational facilities
PC Resolution 12-05-08-03 3 May 8, 2012
PASSED, APPROVED AND ADOPTED this 8 th day of May, 2012, by the
following vote, to wit:
AYES: Chairman Rob Williams and Commissioners Sheldon Cohen, Tim
Neely, Roy Nunn, and Jeff Parkhurst.
NOES: None.
ABSTAIN: None.
Rob Williams, Chairman
all t",
u U
-..
William Ramsey, AICP, Assistant/Director
I
Secretary to the Planning Comm(ssion!
J*
W-1 911 klyA
,10114 9 Oil 101 MEN,
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, ARTICLE 3 AND APPENDIX "A,`
DEFINITIONS OF THE LAND USE CODE WITH REPECT TO
REGULATING "ASSEMBLY USES" (CODE AMENDMENT 11-02)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOEI
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Whereas, the San Juan Capistrano Municipal Code does not clearly address
assembly or organizational uses that may result in health and safety impacts or conflict
with zoning districts and the only reference to assembly or organization uses in the
Municipal Code pertain to "religious, fraternal, or nonprofit organizations" which includes
"churches, temples, synagogues, monasteries, religious retreats, and other places of
religious worship and other fraternal and community services organizations"; and,
Whereas, the San Juan Municipal Code, Appendix A, Definitions does not set
forth clear definitions and lacks related information for defining "assembly uses"; and,
Whereas, religious land use restrictions are limited in part by the Feder
Religious Land Use and Institutionalized Persons Act (RLUIPA) that states in part
government may not impose or implement a land use regulation in a manner that impos
a substantial burden on the religious exercise of a person or institution; and I
to Whereas, the City Council conducted a duly noticed public hearing on the
day of 7 2012 and considered all public oral and written communications.
TME CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 2. Ordinance Amendments.
a. Appendix A is hereby amended to delete in its entirety the existing definition of "church..
and add the following new definition:
"Church: A use provided by a legally constituted religious organization for
public and family worship of a deity or deities, together with buildings and
uses that are accessory thereto, and used for the teaching of religious
dogma, accessory social functions, and one single-family dwelling for use as
a minister or caretaker residence. This definition includes synagogues,
temples, mosques, and other buildings used for the purposes stated herein."
b. Title 9, Land Use Code Table 3-1 (Residential), Table 3-4 (Business and Commercial),
Table 3-6 (industrial), Table 3-10 (Open Space), Table 3-12 (Farm Market), Table 3-14
(Solid Waste), and Table 3-15 (Planned Community) shall be amended to replace
"religious, fraternal, or nonprofit organization (nonprofit)" to read as follows:
Use
Zone Districts
Notes and ExcVtions
Church, Religious, or
Residential, Commercial,
Includes synagogues, temples,
Fraternal
Industrial, Pubic &
mosques, and other buildings used for
Institutional, Farm Market,
the purposes herein but excludes day
Solid Waste and Planned
care centers, and private and/or
Community
secondary educational facilities
SECTION 3. Effective Date. -
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, -the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five
(5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and shall
post a certified copy of this Ordinance, together with the vote for and against the same, in
the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this day of )2012.
FOR "211
K
STATE OF CALIFORNIA
COUNTY OF ORANGE )SS.
CITY OF SAN JUAN CAPISTRANO
1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the day of ) 2012 and that thereafter, said Ordinance was
duly adopted and passed at the Regular Meeting of the City Council on the day of
5 2012 by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
MARIA MORRIS, City Clerk
0